(영문) 제주지방법원 2014.07.11 2013가단17840

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(영문) 제주지방법원 2014.07.11 2013가단17840

건물명도 등

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1. The Defendant’s real estate from KRW 32,00,000 to KRW 32,00 is the real estate listed in the attached Table 1 list from June 1, 2014.

Reasons

1. Basic facts

A. On May 17, 2006, Nonparty D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 50,00,000, monthly rent of KRW 350,000 (on January 1, 2008, monthly rent of KRW 3,000,000) and five years (on May 31, 201, from June 1, 2006 to May 31, 201), with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). The main contents relating to the instant lease agreement are as follows.

Article 6 (Immediate Termination): A(D) shall terminate this Agreement immediately upon occurrence of any of the following causes:

(1) If the monthly rent of Eul (Defendant) is unpaid three times or more at the due date and is not paid to Gap (2) and the real estate of this case is sub-leased to other person without Gap's prior signature: Article 11 (Business Operation Right and Business Operation Right): If the provisions of this contract are violated, Eul shall order the real estate of this case to Gap without delay, and the lessee's business Operation Right and Business License Right to the real estate of this case shall be transferred to Gap.

In addition, Eul should comply with the procedures for reporting the change of the name of the business operator with respect to the report of the real estate business for the object leased to Gap.

B. The Defendant entered into the instant lease agreement and obtained a business license as stated in the attached Table 2 list (hereinafter “instant goodwill”) and operated a public bath business with the trade name “Egyna” on the first floor, the first floor, and the second floor of the instant real estate.

C. Meanwhile, the Plaintiffs concluded a sales contract to purchase the instant real estate from D on October 29, 2013, and completed the registration of ownership transfer on October 31, 2013.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination as to whether grounds for termination of a lease agreement arise

A. The Plaintiffs asserted without permission, without the Defendant’s written consent of the lessor D.

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